Korren v. Eli Lilly & Co.

OPINION OF THE COURT

Ira Gammerman, J.

As a direct result of the decision of the Court of Appeals in Hymowitz v Lilly & Co. (73 NY2d 487), the plaintiff herein moves, on behalf of herself and the numerous plaintiffs in the over 400 DES (diethylstilbestrol) actions currently pending before this court, for an order "deeming all defendants named and served in any DES action a defendant in each pending action”. Such an order would allegedly serve to alleviate the hardship created by the Court of Appeals adoption in Hymowitz of a market share theory as the measure of a DES producer’s liability.…